Estate Planning & Probate in Delaware County, Indiana
There are two reasons people look up Delaware County probate: to keep a family out of it, or to get a loved one's estate through it. Start with your situation below; both paths use Delaware County's actual court and recording details.
Someone died — settling an estate
Filing probate at the Circuit Court, what it costs, transferring property, and local attorneys.
What to do when someone dies in Delaware County →Planning ahead as a property owner
Keep a Delaware County home out of probate with a transfer-on-death deed or a living trust.
Estate planning in Delaware County →The Probate Process in Delaware County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Delaware County, probate runs through the Circuit Court at 3100 South Tillotson Avenue, Suite 140, Muncie. The court sits in the Judicial District 15. Delaware County shares the Judicial District 15 with Blackford, Henry, Jay and Randolph.
Full Delaware County probate guide: cost, how to file & attorneys →Probate Court Record
Delaware County Circuit Court
Delaware County · Judicial District 15
Phone
Hours
Office
Website
E-filing
Self-represented filing
How to file probate in Delaware County →
Verified October 15, 2026 · Source
Recording Office Record
County Recorder
Delaware County
Phone
Hours
Office
Website
Recording fee
E-recording
Verified October 16, 2026 · Source
Vital Records Office Record
Local Health Department
Delaware County · Delaware County Health Department, Vital Records
Phone
Hours
Office
Website
Certified copies
Certified copy fee
Full death certificate details →
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Delaware County · Delaware County Coroner's Office
Phone
Hours
Office
Website
Full coroner or medical examiner details →
Verified November 2, 2026 · Source
Local Procedures at the Circuit Court
Circuit Court No. 5 hears estate and guardianship cases on Thursdays at 9:00 a.m. and 1:30 p.m.
A claim the personal representative disallows is set for trial as a new small claims or civil plenary case, captioned creditor against the personal representative, in the court where the estate is filed. The court may decline to sign the order appointing the personal representative without them. Within 30 days after appointment, the attorney files the personal representative's acknowledgement of the local rule on fees.
Forms for Planning and Settling an Estate in Indiana
Free Indiana forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for Indiana.
Last Will and Testament
In Indiana, a will is signed before 2IC 29-1-5-2; IC 29-1-5-3Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyIC 29-1-5-2; IC 29-1-5-3Verified Oct 18, 2026View source.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Pour-Over Will
In Indiana, a pour-over will is signed before 2IC 29-1-5-2; IC 29-1-5-3Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.
Healthcare Power of Attorney
Indiana allows a choice for a healthcare power of attorney: 2IC § 16-36-7-30 (sample forms; not mandatory)Verified Oct 15, 2026View source witnesses or a notary.
Financial Power of Attorney
Indiana treats a power of attorney as durable by defaultIC 30-5-2-2, IC 30-5-2-6, IC 30-5-3-2, IC 30-5-3-3, IC 30-5-3-6, IC 30-5-4-1, IC 30-5-4-1.3, IC 30-5-4-1.5, IC 30-5-4-1.7, IC 30-5-4-2, IC 30-5-5-14.5, IC 30-5-6-1, IC 30-5-8-2, IC 30-5-8-7, IC 30-5-8-8, IC 30-5-9-9, IC 30-5-10-3, IC 30-5-11-4, IC 30-5-11-4.5Verified Sep 18, 2026View source, and it is signed before 2IC 30-5-2-2, IC 30-5-2-6, IC 30-5-3-2, IC 30-5-3-3, IC 30-5-3-6, IC 30-5-4-1, IC 30-5-4-1.3, IC 30-5-4-1.5, IC 30-5-4-1.7, IC 30-5-4-2, IC 30-5-5-14.5, IC 30-5-6-1, IC 30-5-8-2, IC 30-5-8-7, IC 30-5-8-8, IC 30-5-9-9, IC 30-5-10-3, IC 30-5-11-4, IC 30-5-11-4.5Verified Sep 18, 2026View source witnesses or a notary.
Tools for Planning and Settling an Estate in Indiana
Free calculators and checklists to plan or settle an estate in Indiana: will and trust costs, probate, executor pay and taxes. Run each tool for Indiana.
How Do I Settle an Estate?
Settling an estate in Indiana: the personal representative files the estate inventory within 60 daysIC 29-1-12-1, IC 29-1-7.5-3.2Verified Sep 15, 2026View source of appointment; creditors have 3 monthsIC 29-1-14-1, 29-1-7-7, 29-1-14-9, 29-1-14-10Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
How Do I Settle a Trust?
Settling a trust in Indiana happens outside court: the trustee acts under the state's trust statuteInd. Code 30-4-1-1 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.
Do I Need Probate?
In Indiana, estates valued at $100,000IC 29-1-8-1Verified Sep 8, 2026View source or less skip probate with the Small Estate AffidavitIC 29-1-8-1Verified Sep 8, 2026View source, 45 daysIC 29-1-8-1Verified Sep 8, 2026View source after death.
Who Inherits Without a Will?
Without a will in Indiana, a surviving spouse takes half of the estateIC § 29-1-2-1Verified Oct 21, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita with representationIC § 29-1-2-1(d)(1)Verified Oct 21, 2026View source.
How Much Does Probate Cost?
Probate on a $500,000 estate in Indiana costs an estimated $24,871IC 29-1-10-13 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 1.8%Modeled estimate under IC 29-1-10-13 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.8%Modeled estimate under IC 29-1-10-13 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
Indiana Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in Delaware County.
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